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Kenyan leaders are increasingly vocal about enforcing the Computer Misuse and Cybercrimes Act of 2018, particularly in light of recent criticisms directed at President William Ruto.
National Assembly Majority Leader Kimani Ichung'wah has taken a strong stance, urging the Directorate of Criminal Investigations (DCI) to act against individuals who use social media to insult leaders.
He emphasised the importance of accountability for online behaviour, stating, "If there’s anybody who has violated the Computer Misuse and Cybercrime Act, arrest them, make it public, and take them before the courts of law.”
The call for enforcement comes after incidents involving AI-generated images of President Ruto depicted in a coffin, which leaders have condemned as a troubling trend.
With the increased push for the Computer Misuse and Cybercrime Act 2018, and the Data Protection Act 2019, here are offences Kenyans should be familiar with to avoid getting into trouble.
Cyber Espionage
Cyber espionage is unlawfully accessing critical systems or data for the benefit of a foreign state or against Kenya’s interests.
Penalty: Fine up to Sh10 million, imprisonment up to 20 years, or both. If the offence leads to death the penalty is life imprisonment.
False Publications
Description: Publishing false or misleading information online with the intention to misinform or incite violence or hatred.
Penalty: Fine up to Sh5 million, imprisonment up to 2 years, or both.
Computer Forgery
Description: Manipulating or altering computer data to create false documents or information.
Penalty: Fine up to Sh20 million, imprisonment up to 10 years, or both.
Computer Fraud
Description: Using a computer system to defraud individuals or institutions, often through unauthorised access.
Penalty: Fine up to Sh20 million, imprisonment up to 10 years, or both.
Cyber Harassment
Description: Sending messages or using technology to threaten, intimidate, or harm someone emotionally or physically.
Penalty: Fine up to Sh20 million, imprisonment up to 10 years, or both.
Cybersquatting
Description: Registering or using a domain name in bad faith to profit or harm someone else’s business or reputation.
Penalty: Fine up to Sh200,000, imprisonment up to 2 years, or both.
Identity Theft and Impersonation
Description: Fraudulently using someone else’s digital identity, such as passwords or electronic signatures.
Penalty: Fine up to Sh200,000, imprisonment up to 3 years, or both.
Phishing
Description: Creating fake websites or sending fraudulent messages to steal personal information like passwords or financial data.
Penalty: Fine up to Sh300,000, imprisonment up to 3 years, or both.
Interception of Electronic Messages or Money Transfers
Description: Illegally interrupting or altering messages or financial transactions sent electronically.
Penalty: Fine up toS 200,000 KES, imprisonment up to 7 years, or both.
Willful Misdirection of Electronic Messages
Description: Deliberately redirecting electronic messages to an unintended recipient.
Penalty: Fine up to 100,000 KES, imprisonment up to 2 years, or both.
Cyber Terrorism
Description: Using computer systems to carry out or facilitate terrorist acts.
Penalty: Fine up to 5 million KES, imprisonment up to 10 years, or both.
Fraudulent Use of Electronic Data
Description: Altering or misusing data stored in computers to cause financial or other harm.
Penalty: Fine up to 200,000 KES, imprisonment up to 2 years, or both.
Aiding or Abetting Offences
Description: Assisting or preparing to commit any of the offences listed in the Act.
Penalty: Fine up to 7 million KES, imprisonment up to 4 years, or both.